How Much Compensation For A and E Negligence Claims?

Have the actions of a healthcare professional caused you to suffer from avoidable harm whilst you were in A&E? If so, you may be eligible to make a hospital negligence claim to be compensated for your suffering. This guide will explain the A&E negligence claims process.

Key Takeaways

  • If you have suffered avoidable harm while in the care of a healthcare professional, you may be entitled to compensation.
  • The amount of compensation you may be awarded depends on the extent of your injuries and financial losses.
  • Medical errors and misdiagnosis may suffice as medical negligence.
  • You typically have three years to begin your claim. However, some exceptions may apply.
  • Our solicitors may help you claim compensation on a No Win No Fee basis.

To start your A&E claim today, get in touch with our helpful advisors:

  • Visit our contact page
  • Request a call back from our advisors

Patient laying in hospital bed next to a doctor

Jump To A Section

Am I Eligible To Claim For A&E Negligence?

If you have suffered from avoidable harm while being treated in A&E, you may be asking ‘am I eligible to claim compensation for A&E negligence’?

You may be eligible to do so if you meet the specific criteria listed below:

  • A medical professional must have owed you a duty of care
  • They must have been in breach of their duty by acting negligently
  • This must have caused you to suffer from avoidable or unnecessary harm

The General Medical Council has presented guidelines for good medical practice to prevent negligent conduct within A&E. As such, medical professionals in A&E must meet the correct standard of care when treating patients. If they fail to do so, their duty may become breached, resulting in avoidable harm for which a patient may claim compensation for.

Contact our advisors today to start your medical negligence claim.

Average Payouts From Accident And Emergency Claims

If you have suffered from avoidable harm while in A&E, you may be asking ‘how much compensation will I receive if my medical negligence claim is successful?’

At this moment, we can not provide a specific amount you may be awarded for your suffering, as various factors are considered when your compensation is calculated. However, we can explain these factors and how they are calculated.

How Payouts Are Calculated

If your claim is successful, your compensation may be split into two heads of claim: general damages and special damages.

General damages is a head of claim that compensates you for the physical injuries and psychological suffering caused by medical negligence.

This award is calculated by a professional team who may refer to documents provided by an independent medical assessor and the Judicial College (JCG), to determine an accurate figure. The JCG is a document that provides guidelines for injuries and their suggestive compensation brackets.

Below are examples from the JCG which include different types of injuries and their corresponding guideline compensation brackets.

InjuryCompensation
Severe Injuries and Significant Financial LossesUp to £1 million plus
Moderately Severe Brain Damage£267,340 to £334,150
Bowel Injuries (b)Up to £183,190
Loss of One Arm (iii)Nothing less than £167,380
Chest Injuries (b)£80,240 to £122,850
Bladder Injuries (c) £78,080 to £97,540
Severe (iii) Neck Injuries £55,500 to £68,330
Moderate Pelvis And Hip Injuries (i)£32,450 to £47,810
Serious Foot Injury£30,500 to £47,840
Serious Shoulder Injuries £15,580 to £23,430

Special Damages And How They Relate To Your Claim

Special damages are a head of claim compensating you for any financial losses you incurred due to the medical negligence you suffered. However, you may only claim for special damages if you claim for general damages.

Some examples of what you may claim compensation for under special damages include:

  • Missed wages for any time you needed to take off work
  • Missed work benefits such as bonuses and holiday entitlement
  • Payments towards childcare, medical care, travel, home adjustments and special equipment

When claiming special damages, you must provide evidence of the losses you incurred, for example:

  • Wage slips
  • Bank statements or credit card statements
  • Bills or receipts

If you are struggling to obtain evidence, our solicitors may be able to help you.

Contact our advisors for more information on compensation for an A&E claim.

A clipboard with a document stating medical negligence

Types Of Negligence Addressed In A&E Claims

A&E centres can be extremely busy at times. However, medical professionals should still treat you with the correct standard of care. If they fail to provide this and you suffer avoidable harm, you may be eligible to claim compensation.

Some examples of negligence addressed in A&E claims include:

These examples do not mean medical negligence has occurred. The examples listed above can occur even when the medical professional has provided the correct standard of care. To claim medical negligence compensation for errors such as a misdiagnosis or the wrong medication it must be proven that these resulted because the correct standard of care had not been delivered.

If you have suffered from medical negligence in A&E, contact our advisors today to determine your eligibility to start a claim.

How To Start An A&E Negligence Claim

The information below explains how you can start the A&E negligence claim process. However, if you have any further questions, do not hesitate to request a callback from our advisors.

The Evidence You’ll Need To Prove Liability

Gathering evidence is a very important factor in the claims process. This is because the more evidence you have to prove that the third party was liable for your suffering, the greater your chance of success.

Some examples of evidence you may obtain for a medical negligence claim include:

  • Copies of medical records that present your diagnosis and treatment.
  • Copies of your prescriptions.
  • Copies of tests and scans such as x-rays.
  • Copies of letters with dated appointments or results.
  • Witness details.

If you are having trouble obtaining evidence to support your claim, our solicitors may be able to assist you.

How Long You Have To Begin Your Claim

You typically have three years to start a medical negligence claim under the Limitation Act 1980. The time limit may begin from:

  • The date the medical negligence occurred
  • The date the medical negligence became known (date of knowledge)

However, there are some exceptions to this rule when the time limit may be delayed, such as:

  • If the claimant is under eighteen, the three-year claim time limit will be paused until they turn eighteen and run until they turn twenty-one.
  • Under the Mental Capacity Act 2005, the time limit is indefinitely paused if the claimant lacks mental capacity. However, it will commence if the claimant regains mental capacity.

If the time limit is paused on your claim, a litigation friend may file the claim on your behalf. Our advisors can provide further details about this.

A doctor sitting at his desk with his hands on his face

How Long It Takes To Receive A Compensation Payout

Unfortunately, we cannot currently estimate how long it may take for you to receive a compensation payout. However, our solicitors will work efficiently and quickly to reach a settlement.

It is important to note that the circumstances of each medical negligence claim are different, and a number of factors may determine how long it takes to resolve your claim, such as:

  • How long it takes to gather evidence
  • Whether your injuries or treatment is ongoing
  • Whether the third party has admitted liability

For more information on how to start the claims process, contact our advisors today.

How Our Solicitors Can Help You Claim

If you want to start a medical negligence claim, you may benefit from receiving legal support from our solicitors. They understand that you may be under a lot of stress at the moment due to medical negligence you suffered from and starting a claim. However, our solicitors may help you by:

  • Explaining key terms and documents
  • Walking you through the claims process
  • Helping you obtain evidence
  • Negotiating settlements on your behalf

If you are concerned about the cost of legal representation, you do not need to. This is because our solicitors work on a No Win No Fee basis. If you sign a Conditional Fee Agreement (CFA) with our solicitors, you will have no financial burdens while starting a claim. Here are some benefits to claiming with a solicitor through a CFA:

  • If your claim is successful, our solicitors will take a legally capped minimal percentage of your compensation for their success fee.
  • If your claim is unsuccessful, you will not be required to pay our solicitors for the work they completed on your claim.

To begin your A&E claim today, get in touch with our helpful advisors:

Solicitor shaking hands with his client

More Information

For more information on medical negligence claims, visit the following links:

References:

We appreciate you taking the time to read this guide on A&E claims and hope it was helpful.